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FEB 21989
Northampton Zoning Board of Appeals
February 1 , 1989 Meeting DEPT.F OF BUILDING INSPECTIONS
0,I MA. 01060
The Zoning Board of Appeals of the City of Northampton met at 7: 50
p. m. on Wednesday, February 1 , 1989 in Council Chambers, Wallace
J. Puchalski Municipal Building, at the request of Atty. Alan
Verson, who, in a letter dated January 23, 1989 , asked to be put
on tonight ' s agenda. Present were Chairman Robert C. Buscher, Dr.
Peter Laband, and M. Sanford Weil, Jr.
Mr. Verson began, "You granted a Variance on June 8 , 1988 to Edward
Devarennes . Patrick Melnik, the immediate abutter to the North
filed an appeal. Trial was held, and before a decision was
rendered, I negotiated with both parties and have an agreement to
purchase from Mr. Devarennes . Mr. Melnik dismissed his appeal.
The Variance is now final, dependent on my erecting a building
acceptable to Mr. Melnik. Now, Larry Smith, Kathy Fallon and Ted
Tewhill question the Conditions. I read the minutes and the
conditions . There is nothing I am going to do that differs from
the conditions . That' s why I 'm here, to satisfy them. I 'm going
to do a 1 , 630 square foot, three story rectangular building. This
is smaller than Devarennes ' building--he had a full basement and
full attic--it looked more like a four story building. My
agreement with Melnik is for a three story building, smaller than
Devarennes ' building. On siting, he was going to have parking in
front. My agreement with Melnik is to site the building at ten
feet setback. My building will be better than what you granted the
Variance. "
Mr. Weil asked, "Why are you here? You have a Variance. " Dr.
Laband added, "This is again one of those things where people say,
' Go back to the ZBA, ' but Ted Tewhill, Larry Smith and Kathy Fallon
should decide. "
Mr. Verson addressed the three conditions to the Variance. "#1 is
about open space. I need not build the exact building of
Devarennes. " Condition #2 is no problem, and Condition #3 is about
siting it back far enough to not impede Mr. Melnik' s light and
air. " Dr. Laband stated, "If Melnik is happy with the siting of
your building, we are overjoyed. " Mr. Verson replied, "He signed
an agreement--he is happy with what I am doing. My building is
substantially smaller in cubic feet--the footprint is essentially
the same, maybe 20 square feet larger. " Dr. Laband added, "If you
satisfy 23% open space, and your building complies with the
variance, then you' re OK. For 20 square feet, I wouldn' t dig my
heels in. " Ch. Buscher added, "On #3 , if Pat says OK, then it ' s
OK. "
Ch. Buscher concluded the meeting by saying, "We reviewed the three
conditions . We conclude the intent of #1 was to insure 23% open
space. #2 is no problem, and #3 , since Melnik agrees, there' s no
problem. Mr. Weil moved that the Building Inspector, et al, lie so
informed. Dr. Laband seconded, and the motion passed unanimously.
Also present, in addition to those mentioned, was R. J. Pascucci.
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